Electronic or digital evidence in criminal proceedings

After some thought, the right to inviolability of private communication, provided for in Article 29 Political Constitution of Panama, All private communications are inviolable and may not be intercepted or recorded, except by order of a judicial authority.

Failure to comply with this provision will prevent the use of its results as evidence, without prejudice to the criminal liability of the authors. extends to those conducted through any means or technical art developed in light of new technologiesfrom post or telegraph, passing through wire and mobile telephoneto communication that takes place via e-mail systems, synchronous messaging (chat), immediate or asynchronous real-time communication, online file sharing and social networks.

So for your contribution in the criminal proceedings can be effective, the communication must be collected lawfully, through judicial authorization for its intervention or by declassification by one of its participants, otherwise it would be illegal evidence, obtained in violation of advertising.fundamental rights, with their consequent nullity and value exclusion.

Pursuant to Law 63 of August 28, 2008, Article 17. Validity of evidence, only those evidence obtained by legal means and presented before competent authorities have value. In this regard, given the nature of electronic media, generally intangible until reproduced on screen or printed, easily subject to manipulation and alteration, this requires that for verify the authenticity of its origin and content, In its collection, it is necessary to have reliable records that, through the chain of supervision, will satisfy the principle of identity that it strives for, i.e. that the content that works in the digital source is the same that was contributed to the process.

So if they don’t meet stated minimum requirements, indications that could possibly be generated, no would have probative value in criminal proceedings, either because of the illegality of obtaining it or because of lack of reliability in it.